Tom Caprood/Register Citizen - A "for sale" sign at the Kennedy Drive Business Park on Commercial Boulevard in Torrington, where Hartford Dispensary will soon begin construction.

Tom Caprood/Register Citizen - A "for sale" sign at the Kennedy Drive Business Park on Commercial Boulevard in Torrington, where Hartford Dispensary will soon begin construction.

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Kate Hartman/Register Citizen - The Planning and Coning Commission approved site plans for the Hartford Dispensary at Wednesday night's meeting.

Kate Hartman/Register Citizen - The Planning and Coning Commission approved site plans for the Hartford Dispensary at Wednesday night's meeting.

Hartford Dispensary methadone clinic approved to open in Torrington

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TORRINGTON >> A once-controversial plan to open a methadone clinic in Torrington that led to petitions, protests and heated meetings, along with both state and federal lawsuits, has been approved after the company proposing the clinic picked a new location.

The Hartford Dispensary's new location at 140 Commercial Boulevard was approved by the Planning and Zoning Commission at its meeting Wednesday night.

This came after a favorable review by the Inlands Wetlands Commission Tuesday night. The comments and recommendations made by all other departments were addressed in the site plans Allen Borghesi of Borghesi Building and Engineering Co., Inc. presented to the commission.

In his memo, City Planner Martin Connor detailed how Attorney Diane Whitney, on behalf of the Hartford Dispensary, filed an application to construct a 11,700 sq. ft. medical and professional office building for the Torrington Health and Recovery Center at 140 Commercial Blvd. The property, which is owned by Baeder Associates, LLC of 2155 East Main St., is approximately six acres and is located in the Industrial Park Zone. Connor recommended approval.

"Basically, all of the different agencies in town have recommended approval," said Borghesi. "I believe all comments were met."

The commission agreed and unanimously approved the motion.

Both Whitney and Borghesi were pleased with the approval after months of back and forth in regards to the dispensary.

In November 2012, the commission denied an application to turn the old Boy Scouts Lodge at 241 Kennedy Dr. into the methadone clinic. That decision resulted in a lawsuit filed by the non-profit claiming wrongful denial and discrimination by the city based on a violation of the U.S. Constitution's Americans with Disabilities Act, which protects citizens with recognized disabilities including opiate addicts seeking treatments.

According to a November 2012 report by the Register Citizen, the 14-page document, which was filed with the Litchfield Judicial District by the dispensary, stipulates that the Equal Protection clause in the 14th amendment was also violated and, "is based upon irrational prejudices against and perceptions of methadone patients and is not rationally related to a legitimate government interest."

U.S. Attorney David B. Fein wrote a letter in March to the City of Torrington about opening an investigation into the potentially discriminatory zone change. In his letter, Fein said, "consider if Torrington enacted a floating zone that added additional requirements for a clinic that catered to disabled veterans," or "a day care center for autistic children," instead of heroin addicts.

Fein said, "Put another way, when an entity that serves certain disabled populations applies to come into Torrington, it receives more stringent review and is subject to more limitations than every other facility. The facially discriminatory nature of this statute is clear when it is subjected to examination."

After receiving the letter from Fein, the commission voted to amend the "ASM" zone, where a substance abuse, mental health, alternative incarceration and medical marijuana facilities could be opened. The commission removed substance abuse and mental health facilities from an overlay zone.

At the time of the vote Whitney said, "It's wonderful news. It's what we had been hoping for."

The zoning alteration made the Commercial Boulevard property a viable option. Whitney said the location was on the dispensary's radar from the beginning, but it wasn't available at the time.

The federal lawsuit remains open and the dispensary's attorneys have asked for a motion to dismiss filed by the city be denied despite the fact the city changed its ordinance. The dispensary is still seeking damages related to the initial application, which amounts to approximately $9,000, and wants the zone change deemed unconstitutional because it discriminates against those with disabilities, namely those with drug addiction.

Now that the site has been approved, the next step is finalizing structural drawings and applying for building permits, said Borghesi. He hopes to begin construction within the next 30 to 45 days and see completion of the project by the end of the year.